Chisholm v. National City Bank

Upon the trial of this action decision was reserved on defendants’ motion to dismiss the complaint. The action is for money had and received. It is brought against the defendants personally, and not in their representative capacity.

The complaint alleges in substance that the defendants, assuming to act as executors, withdrew a cash credit balance from a joint venture account with a brokerage firm, in which joint venture the plaintiff was a participant and to a portion of which balance he was entitled.

It appears that, upon the death of the decedent, who was also a participant in the venture,…